https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12514

Mwasaru v Office of the Director of Public Prosecutions (Criminal Revision E094 of 2026) [2026] KEHC 12514 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12514 (KLR) Republic of Kenya In the High Court at Mombasa Criminal Revision E094 of 2026 WM Kagendo., J July 31, 2026 Between Purity Wambui Mwasaru Applicant and Office of the Director of Public Prosecutions Respondent (Arising from Mombasa Chief Magistrate's Court Criminal Case No. MCCRC/E1409/2025. The matter was placed before this Court pursuant to the prison decongestion exercise) Ruling 1.This matter was placed before the Court pursuant to the Chief Justice's directive on the continuous prison decongestion programme undertaken in the exercise of the High Court's supervisory jurisdiction over subordinate courts. 2.The recommendation letter from the Officer in Charge of Prison dated 8th June 2026 indicates that the Applicant was identified as a suitable candidate for consideration under the prison decongestion exercise. 3.The Applicant was convicted by the trial court of the offence of obtaining money by false pretences contrary to section 313 of the Penal Code. 4.The Pre-Sentence Report reveals that, prior to the commission of the offence for which she was convicted, the Applicant had disposed of property jointly owned by herself and her former husband without his knowledge or consent. The report further indicates that the same property was sold to two different purchasers, resulting in significant personal and financial consequences for the former husband, who reportedly suffered depressionfollowing the incident. When called upon to explain her conduct, the Applicant stated that she did not know why she had acted in that manner. 5.The report concludes that the Applicant is not a suitable candidate for a non-custodial sentence, noting that she has no fixed abode and lacks adequate family support, as her family members expressed dissatisfaction with her conduct and behaviour. 6.I have considered the material placed before the Court. Although the Applicant was identified for consideration under the prison decongestion programme, the circumstances disclosed in the Pre-Sentence Report raise legitimate concerns regarding her suitability for early release. The absence of a fixed abode, the lack of a supportive reintegration environment, and the Applicant's failure to satisfactorily account for her conduct present a significant risk of re-offending. In the circumstances, I am not persuaded that this is an appropriate case for the exercise of the Court's discretion in favour of release. 7.Consequently, the application is declined. 8.It is so ordered. DATED, SIGNED AND DELIVERED AT MOMBASA THIS 31ST DAY OF JULY 2026.WENDY K. MICHENI JUDGE HIGH COURT OF KENYA AT MOMBASADoc IDENTITY: 44013142857381718776325495089Tracking Number:OOM2VK2026